Tourist companies registered under the legislation of Ukraine face various legal issues during their activities: proper business registration, regulation of relations with business partners, construction of safe contractual work with counterparties and tourists, tax planning, litigation regarding the execution of agency contracts and contracts with by tourists, baseless requests from the SBU, groundless criminal proceedings.
Law office “Lotysh and Partners” in Kyiv provides professional legal services to travel companies (tour operators and travel agents). Our team of specialists is ready to offer both separate services for registration of tourist business and licensing of tour operator activities, as well as comprehensive support of activities. We have considerable experience in the application of legislation in the field of tourism and support of national travel companies.
What do we offer travel companies?
Consultations on choosing the format of conducting a tourist business.
Consultations on the practical application of legislation in the field of tourism.
Creation of a tour operator: registration of a legal entity + obtaining a tour operator license;
Creation of travel agent/agency: registration of a sole proprietorship or legal entity + conclusion of an agency contract (for the implementation of tourist services).
Issuing a license for tour operator activity: issuing a bank guarantee, ensuring compliance with qualification, personnel, organizational and technological requirements, concluding an agency contract with an insurance company.
Development of agency contracts between the tour operator and travel agents.
Preparation of a contract for tourist services.
Support for changing the name of the travel operator.
Subscriber legal service (support of activities) of travel companies.
Representation of the interests of travel companies in disputes with the State Inspectorate of Ukraine for the Protection of Consumer Rights, tax authorities, airlines, other market participants and consumers, including in court.
Obtaining a license for tour operator activity
Our legal support in this process covers three important steps:
Step 1. Obtaining a guarantee from the bank.
Such a guarantee is required to cover losses caused to the consumer (tourist) (for example, in the case of non-provision of services), for the onset of liability in connection with insolvency or the application of the bankruptcy procedure. To obtain a guarantee, the company must deposit the equivalent of 10,000 euros in national currency in the case of providing services exclusively for domestic/inbound tourism, 20,000 euros for outbound tourism services and others.
Step 2. Ensuring compliance with educational, qualification and personnel requirements.
The head of the tour operator is required to have a higher education and specialized work experience of at least three years. Experience is not required in the presence of specialized higher education.
At least 30% of employees in the state must also have experience of 3 years or more or specialized education in the field of tourism.
The help of a lawyer consists in collecting relevant documents to confirm compliance with the requirements.
Step 3. Conclusion of an agency contract with an insurance company.
The license for the operator’s activity is unlimited. It can be obtained directly by submitting a package of documentation to the State Tourism Development Agency of Ukraine. These are the following documents:
an appropriately prepared statement;
a bank guarantee regarding the financial security of the applicant’s liability;
documents confirming the education/ professional experience of the manager and relevant employees;
contract of compulsory medical insurance and tourist accident insurance;
documents confirming ownership or a lease agreement for office space.
Specialists of the “Lotysh and Partners” law office are ready to become your reliable assistants in the field of tourism – make an appointment for a consultation at tel. +38 067 743-27-66.